Government responds to the Fingleton Review

The UK Government has published its response to the Fingleton Review setting out how it intends to reform environmental regulation affecting major infrastructure projects, including nuclear power.

The Government has chosen not to pursue the most far-reaching deregulatory options considered in the review. Instead, it has committed to improving guidance and implementation of existing environmental legislation, particularly the Conservation of Habitats and Species Regulations 2017.

This broadly aligns with the approach advocated by CIEEM in our Planning System Solutions paper, which argued that many issues within the planning and environmental assessment systems can be addressed through clearer guidance, better resourcing and more consistent implementation rather than wholesale deregulation.

Improving the Habitats Regulations

The Government has indicated that it will take steps to improve the application of the Habitats Regulations, including new guidance aimed at reducing unnecessary burdens in the Habitats Regulations Assessment (HRA) process. This includes clarifying how speculative risks should be treated, enabling the reuse of assessments where circumstances have not changed, and allowing mitigation to be considered earlier in the assessment process.

Many practitioners working in the field have been calling for clearer and more consistent guidance on HRA for several years. If developed in collaboration with ecological professionals and informed by robust evidence, these changes could help improve efficiency while maintaining the protections intended by the legislation.

CIEEM has already provided expert advice to Government on updates to HRA guidance and will continue to contribute the expertise of our members to ensure that future guidance is practical, evidence-based and effective.

Importance of professional expertise

The key test of these reforms will be how new guidance is developed and implemented. Environmental policy works best when it draws on the knowledge and experience of the professionals who apply it in practice.

CIEEM represents over 9,000 ecologists and environmental managers working across the UK and Ireland, many of whom are directly involved in planning and development. Their expertise will be critical to ensuring that reforms deliver both efficient processes and strong outcomes for nature.

Concerns about the wider narrative

CIEEM is disappointed by comments in the Prime Minister’s foreword to the review, which suggested that some organisations in the nature conservation sector are defending regulations rather than nature.

In reality, the vast majority of professionals working in ecology and environmental management are focused on achieving effective outcomes for nature. Regulations are simply one of the tools used to deliver those outcomes. Constructive collaboration between Government, developers and environmental professionals will be essential if reforms are to succeed.

Biodiversity Net Gain for major infrastructure

The Government has also confirmed that it will introduce a mandatory – but “streamlined” – framework for Biodiversity Net Gain (BNG) for Nationally Significant Infrastructure Projects (NSIPs).

CIEEM welcomes the commitment to applying BNG to these projects. Given their scale, land take and investment levels, major infrastructure schemes should be among the flagship examples of what can be achieved for nature recovery.

However, it will be important to clarify what is meant by “streamlined”. Any reforms must maintain the core principle that development should leave biodiversity in a measurably better state.

BNG small sites exemption

The Government’s response also appears to confirm the introduction of the proposed exemption from BNG for sites under 0.2 hectare. At the same time the response appears to also still maintain the existing de minimis exemption.

CIEEM has previously raised concerns about the potential cumulative impact of such exemptions and will continue to engage with Government on how these policies are implemented.

Environmental Delivery Plans and protected landscapes

The response also signals that the Government intends to explore the use of Environmental Delivery Plans (EDPs) under the Nature Restoration Fund (NRF) for certain impacts associated with nuclear projects. These plans would allow developers to make a payment rather than undertaking project-specific surveys, assessments or mitigation for covered impacts. This is a regression of environmental protections.

Whilst strategic approaches can have advantages when designed well, it will be important to ensure that they do not weaken the fundamental principles of avoidance and mitigation (i.e. the mitigation hierarchy) that underpin environmental protection.

The Government has also stated that it will legislate to clarify that developers of NSIPs are not required to pay financial compensation to comply with the Protected Landscapes Duty. CIEEM believes that NSIPs should demonstrate leadership in delivering positive outcomes for both nature and landscapes.

Working constructively on the next steps

The ecological profession plays a central role in ensuring that development and nature recovery can progress together. With the right evidence, expertise and collaboration, it is possible to design policies that support sustainable development while restoring the natural environment.

CIEEM will continue to work constructively with Government and other stakeholders to ensure that reforms to environmental regulation are informed by evidence, professional expertise and the practical realities of implementation.